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FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No.: 652864/2023
PLYMOUTH STREET LLC, derivatively on behalf of
GOLD CAPITAL FUND LLC,
Plaintiff(s),
-against- DEFENDANTS ABRAHAM
SITT AND DUMBO CAPITAL
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, HOLDINGS LLC’S FIRST
and SIMMONS CAPITAL LLC NOTICE OF DISCOVERY
AND INSPECTION
Defendant(s).
-and-
GOLD CAPITAL FUND LLC
Nominal Defendant.
PLEASE TAKE NOTICE, that Defendants ABRAHAM SITT and DUMBO CAPITAL
HOLDINGS LLC, by and through their attorneys, The Law Offices of Jason J. Rebhun, P.C.,
hereby propounds the following document demands for discovery and inspection to be produced
by the Plaintiff PLYMOUTH STREET LLC pursuant to Article 31 of the CPLR:
DEFINITIONS
1. As used herein, the singular shall always include the plural, and the present tense
shall always include the past tense.
2. As used herein, “and” as well as “or” shall be construed both disjunctively and
conjunctively in order to bring within the scope of these requests all responses which might
otherwise be construed to be outside their scope.
3. “Your,” “Yours,” and “Plaintiff” refer to Plaintiff PLYMOUTH STREET LLC.
4. “Defendants” refers to Defendants ABRAHAM SITT and DUMBO CAPITAL
HOLDINGS LLC, unless otherwise defined or specified in each specific request.
5. “Concerning” means concerning, relating to, referring to, connected with,
commenting on, pertaining to, responding to, supporting, mentioning, containing, evidencing,
showing, identifying, memorializing, describing, analyzing, reflecting, comprising or
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constituting or having any relationship with whatsoever, or regarding or pertaining to, or
comprising, or indicating, or constituting evidence of, relates to, refers to, contains, concerns,
describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates,
proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts, in whole or in part.
6. The term “document” shall mean letters, correspondence, text message(s),
WhatsApp message(s), memoranda, notes, work papers, charts, reports, ledgers, drawings, plans,
specifications, contracts or photographs, and shall include but shall not be limited to any written,
printed, typed or other graphic matter of any kind or nature, all mechanical, magnetic, and
electronic sound recordings or transcripts thereof, all microfilm, microfiche, or other
reproductions, and all data, images, information or statistics contained within any data storage
media, (including cloud storage, tapes, discs, CD-ROM, or other electronic storage devices), or
other information retrieval storage systems (including computer generated reports and printouts)
in the possession and/or control of you and/or your counsel or agents, or known by you to exist.
It shall also mean all drafts and/or copies of documents by whatever means made.
7. The term “Relevant Period” shall mean January 1, 2018 through and including the
present, unless otherwise expressed in the requests/demands below.
8. The term “communicate” or “communication” means every manner or means of
disclosure, transfer or exchange of information whether orally, by document or face to face, or
whether by telephone, mail, email, text message, WhatsApp message, personal direct message or
otherwise.
9. “Person” means any natural person or individual (including, without limitation,
any employee, agent, officer, independent, contractor, attorney, expert or consultant) or any
entity (including, without limitation, any corporation, company, partnership, association, joint
venture, trust, public agency, department, bureau or board).
10. “Date” shall mean the exact date, month and year, if ascertainable or, if not, the
best approximation of the date (based upon relationship with other events).
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GENERAL INSTRUCTIONS
1. Each request shall be answered separately and fully in writing, under oath, unless
it is objected to, in which event the objecting party shall specifically state the grounds for the
objection including, but not limited to, any privilege or other immunity upon which you are
relying, and shall answer to the extent the request is not objectionable.
2. If you object to one or part of the request, but provide an answer subject to or
“without waiving” your objection, state whether you are (i) providing all responsive information
or documents anyway, or (ii) withholding information or documents. If you are withholding
documents, please identify them, providing enough information for this party and the Court to
determine whether the documents or information should be withheld.
3. If you perceive ambiguities in a question, instruction, or definition, set forth the
matter deemed ambiguous and the construction used in answering.
4. Where knowledge or information in possession of a party is requested, such
requests include knowledge or information of the party and, unless privileged, his or her
attorneys, or which may be obtained from all available sources of information within your actual
or constructive possession, custody or control.
5. If the answer to all or any part of the requests is not presently known or available,
include a statement to that effect, furnish the information known or available, specify the nature
and extent of your inability to answer the remainder, and respond to the requests by supplemental
answer, in writing, under oath. Please also state whatever information you have concerning the
unanswered portions and identify the person(s) or entity(ies) who may have additional
knowledge or information regarding the subject.
6. If you withhold under a claim of privilege any information covered by this
request, you shall furnish a list identifying each document, information, or communication for
which privilege is claimed, together with the following information:
a. the sender, receipt and any other person to whom such document or a copy thereof was
furnished to or who participated in such communication, together with their employer,
title, job and date;
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b. the subject matter of the document or communication;
c. the present custodian of the document;
d. the nature and basis on which privilege is claimed; and
e. the specific request, including particulars subsection, if applicable, to which such
information responds.
All documents produced should be identified as relating to the particular request or interrogatory
to which they are responsive.
7. Where in answer to a request it is plain that there is or was communication or
notice that substantiates or relates to said answer, state whether each such communication or
notice was oral or written. If written, attach a true copy thereof to your answer. If oral, identify
each such communication.
8. If you object to fully identifying an oral communication because of a privilege,
you must nevertheless provide the following information:
a. the nature of the privileged claim (including work product);
b. the date of the oral communication;
c. the place where it was made, the names of the persons present while it was made; and
if not apparent, the relationship of the persons present to the declarant; and
d. the general subject matter of the oral communication.
9. If you choose to withhold identification of a document from production or
inspection on the grounds of privilege or other immunity from discovery, as to any such
document(s) with respect to which you assert a claim of privilege from discovery, you must
identify: the nature of the privilege claimed (including work product), the basis or ground of your
assertion of such privilege, the document(s) with a reasonable particularity (i.e., by date, title,
type and form [e.g., letter, memorandum]), the general subject matter of the document(s), the
name of the preparer(s),originator(s), and/or transmitter(s) of the document(s), the name of the
recipient(s) of the document, the relationship between the author and addressee, the present
location, custodian and number of pages of the document(s), whether there were any attachments
or appendices to such document(s), and such other information to identify the document for a
subpoena duces tecum or document request.
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10. For each request, please identify the person(s) from whom the information
contained in the answer was obtained and the person(s) who swears to the truth of that
information.
11. Whenever, in any answer to any request, a reference is made to one or more
persons, specify by name the particular person to whom the reference is intended.
12. Where an individual request calls for an answer that involves more than one part,
each part of the answer should be clearly set forth and numbered or lettered to correspond with
the appropriate sub-part of that request.
13. The obligation to produce the documents requested herein is of a continuing
nature. If at any time after compliance with this request you should acquire possession, custody
or control of any additional document within the scope of the request, except to the extent such
documents are obtained by discovery on the public record of this case you are required promptly
to furnish such documents to Defendants’ attorneys.
14. Where only a portion of a document relates to or refers to the subject indicated the
entire document along with all attachments, appendices and/or exhibits must nevertheless be
produced.
15. These requests for production are continuing in nature, and your responses shall
be updated from time to time as necessary in order to ensure that all production of records in
response to the document requests set forth herein, and all answers to the requests set forth
herein, are accurate, comprehensive, and complete. If, subsequent to serving an answer to any
request and prior to the trial of this action, you obtain or become aware of additional information
pertaining to that request, you shall serve a supplementary sworn answer setting forth such
information.
16. Documents should be produced pursuant to CPLR §3122(c) - specifically that the
documents demanded should be produced as they are kept in the regular course of business and
that they shall be organized and labeled to correspond to the categories in this request/demand.
17. Production of any documents or tangible items produce in response hereto shall
be made at the Law Offices of Jason J. Rebhun, P.C., 40 Wall Street, Suite 1607, New York,
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New York 10005. Documents may be sent to the above-referenced address via certified mail or
express courier.
18. You are to answer these requests for production within 20 days of the date of
service, as specified and in accordance with CPLR §3120(2).
SPECIFIC DEMANDS FOR DOCUMENTS
1. Provide copies of any and all communications between Abraham Mishaan and
Defendant Abraham Sitt, including but not limited to emails, text messages, instant messages
(e.g., Whatsapp messages), letters, facsimiles, or any recordings of voice conversations during
the Relevant Period relating to all matters referenced in the Complaint and specifically, as to
Gold Capital Fund LLC (“GCF”) and raising capital for that business.
2. Provide copies of any and all documents, communications, and information in
your possession concerning or related to GCF’s incorporation, business operations and
employees during the Relevant Period.
3. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶1 of the Complaint that Defendants abused
their position within GCF in order to personally benefit themselves (NYSCEF doc. 1).
4. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶2 of the Complaint that Defendant Sitt
“stole Plaintiff’s core proprietary and trade secret information and misappropriated corporate
funds” to the detriment of GCF.
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5. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶4 of the Complaint that Defendant’s
actions were solely or primarily responsible for causing GCF to cease operations.
6. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶51 of the Complaint that Solomon Dahan
“orchestrated an illegal and fraudulent scheme” on Defendants’ behalf.
7. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶58 of the Complaint that Defendant Sitt
sent to Solomon Dahan and Jacob Setton “assets, income and business opportunities” belonging
to GCF.
8. Provide copies of any and all documents, communications, and information in
your possession concerning or related to GCF’s Chase Account, particularly in regards to
Plaintiff’s access and control of said account during the Relevant Period.
9. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶35 of the Complaint that Defendant Sitt
paid himself and others more in salary than they were entitled to.
10. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶43 of the Complaint that Defendants
“began using the Company [GCF] as Sitt’s own personal resource to divert funds, assets,
customers and employees away from the Company [GCF] and, eventually, into Simmons.”
11. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶47 of the Complaint that Defendant Sitt
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engaged in unfair competition with GCF by using proprietary leads to “generate income for
entities owned and/or controlled by Sitt personally to the exclusion of the Company [GCF] and
Plymouth.”
12. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶59 of the Complaint that Simmons was
obtaining and using GCF’s “good will, platforms and prior deal performance data.”
13. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶¶60-61 of the Complaint that Defendant
Sitt “leveraged the trust placed in him” as CEO of GCF in order shield GCF’s finances from
inquiry.
14. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegation in ¶¶53-54 of the Complaint that Defendants
“secretly funded” American Eagle and Construction and Appollo HP and diverted any
commissions, interest, fees, and income to themselves.
15. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s speculative figure of $1 million in damages.
16. Provide copies of any and all documents, communications, and information in
your possession concerning or related to any planned attempt by Plaintiff to request that GCF’s
board of directors initiate an action vindicating its rights as against the Defendants.
17. Provide copies of any and all documents, communications, and information in
your possession showing Plaintiff or Abraham Mishaan involvement in funding “cash advance
loans” during the Relevant Period.
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18. Provide copies of any and all documents, communications, and information in
your possession concerning Plaintiff’s providing and raising capital to fund GCF, including any
unsuccessful attempts for the same.
19. Provide copies of any and all documents, communications, and information in
your possession concerning Plaintiff’s business dealing and activities undertaken on behalf of
GCF during the Relevant Period, including day to day activities.
20. Provide copies of any and all documents, communications, and information in
your possession concerning or related to the “Proprietary Leads” referenced in ¶37 of the
Complaint.
21. Provide copies of any and all documents, communications, and information in
your possession concerning or related to the payment provided by GCF for the “Proprietary
Leads.”
22. Provide copies of any and all documents, communications, and information in
your possession concerning or related to any of the specific individual above-referenced business
leads, particularly concerning any leads that Defendants allegedly misappropriated or used for
their own pecuniary benefit.
23. Provide copies of any and all documents, communications, and information in
your possession concerning the businesses purposes for which Plaintiff and GCF utilized the
business leads.
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24. Provide copies of any and all documents, communications, and information in
your possession related to Plaintiff’s communication with GCF’s other employees, with brokers,
and with syndicators – including any and all responsive emails.
25. Provide copies of any and all documents, communications, and information in
your possession related to the payments received by Plaintiff or Abraham Mishaan from GCF.
26. Provide copies of any and all documents, communications, and information in
your possession concerning all investments that GCF received during the Relevant Period.
27. Provide copies of any and all documents, communications, and information in
your possession concerning or related to Defendant Simmons Capital LLC’s alleged actions
during the Relevant Period.
28. Provide copies of any and all documents, communications, and information in
your possession concerning or related to any ADP records, including those related to Plaintiff’s
access to GCF’s Syndicated Loan Business Segment.
29. Provide copies of any and all documents, communications, and information in
your possession that support Plaintiff’s allegations in ¶¶16-19 that “Sitt is incapable of making
independent and disinterested decisions to institute and prosecute vigorously this Action against
himself, Dumbo or Simmons, the companies” and that therefore “demand would be a futile and
useless act.”
30. Provide copies of any and all documents, communications, and information in
your possession concerning or related to payments to vendors of GCF during the Relevant
Period.
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31. Provide copies of any and all documents, communications, and information in
your possession concerning or related to GCF’s payments for rent, furniture, email accounts, and
the website domain name.
32. Provide copies of any and all documents, communications, and information in
your possession that identify the “assets, funds, opportunities and income streams” that Plaintiff
referred to in ¶84 and ¶92 of the Complaint.
33. Provide copies of any and all documents, communications, and information in
your possession that support the allegation that Defendants “refused to allow Mishaan access to
the Company’s books and records” as alleged in ¶62 of the Complaint.
34. Provide copies of any and all documents, communications, and information in
your possession concerning or related to any witnesses with knowledge or information material
and necessary to the subject matter of the action or any witnesses that Defendant otherwise
intends to rely on at any trial in this action.
35. Provide copies of any and all documents, communications, and information that
support Plaintiff’s first claim for accounting as alleged in ¶¶73-77 of the Complaint.
36. Provide copies of any and all documents, communications, and information that
support Plaintiff’s second claim for breach of fiduciary duty as alleged in ¶¶79-81 of the
Complaint.
37. Provide copies of any and all documents, communications, and information that
support Plaintiff’s third claim for conversion as alleged in ¶¶83-87 of the Complaint.
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38. Provide copies of any and all documents, communications, and information that
support Plaintiff’s fourth claim for a constructive trust as alleged in ¶¶89-92 of the Complaint.
39. Provide copies of any and all documents, communications, and information that
support Plaintiff’s fifth claim for unjust enrichment as alleged in ¶¶94-97 of the Complaint.
40. Provide copies of any and all documents, communications, and information that
support Plaintiff’s sixth claim for faithless service as alleged in ¶¶99-101 of the Complaint.
41. Provide copies of any and all documents, communications, and information that
support Plaintiff’s seventh claim for unfair competition – misappropriation as alleged in ¶¶103-
108 of the Complaint.
Dated: November 21, 2023
New York, New York
Yours truly,
Jason J. Rebhun___________________
The Law Offices of Jason J. Rebhun, P.C.
Attorneys for Defendants Abraham Sitt and Dumbo
Capital Holdings LLC
40 Wall Street, Suite 1607
New York, NY 10005
(646) 201-9392
Jason@jasonrebhun.com
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Preview
FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 652864/2023 PLYMOUTH STREET LLC, derivatively on behalf of GOLD CAPITAL FUND LLC, Plaintiff(s), -against- DEFENDANTS ABRAHAM SITT AND DUMBO CAPITAL ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC, HOLDINGS LLC’S FIRST and SIMMONS CAPITAL LLC NOTICE OF DISCOVERY AND INSPECTION Defendant(s). -and- GOLD CAPITAL FUND LLC Nominal Defendant. PLEASE TAKE NOTICE, that Defendants ABRAHAM SITT and DUMBO CAPITAL HOLDINGS LLC, by and through their attorneys, The Law Offices of Jason J. Rebhun, P.C., hereby propounds the following document demands for discovery and inspection to be produced by the Plaintiff PLYMOUTH STREET LLC pursuant to Article 31 of the CPLR: DEFINITIONS 1. As used herein, the singular shall always include the plural, and the present tense shall always include the past tense. 2. As used herein, “and” as well as “or” shall be construed both disjunctively and conjunctively in order to bring within the scope of these requests all responses which might otherwise be construed to be outside their scope. 3. “Your,” “Yours,” and “Plaintiff” refer to Plaintiff PLYMOUTH STREET LLC. 4. “Defendants” refers to Defendants ABRAHAM SITT and DUMBO CAPITAL HOLDINGS LLC, unless otherwise defined or specified in each specific request. 5. “Concerning” means concerning, relating to, referring to, connected with, commenting on, pertaining to, responding to, supporting, mentioning, containing, evidencing, showing, identifying, memorializing, describing, analyzing, reflecting, comprising or 1 1 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 constituting or having any relationship with whatsoever, or regarding or pertaining to, or comprising, or indicating, or constituting evidence of, relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts, in whole or in part. 6. The term “document” shall mean letters, correspondence, text message(s), WhatsApp message(s), memoranda, notes, work papers, charts, reports, ledgers, drawings, plans, specifications, contracts or photographs, and shall include but shall not be limited to any written, printed, typed or other graphic matter of any kind or nature, all mechanical, magnetic, and electronic sound recordings or transcripts thereof, all microfilm, microfiche, or other reproductions, and all data, images, information or statistics contained within any data storage media, (including cloud storage, tapes, discs, CD-ROM, or other electronic storage devices), or other information retrieval storage systems (including computer generated reports and printouts) in the possession and/or control of you and/or your counsel or agents, or known by you to exist. It shall also mean all drafts and/or copies of documents by whatever means made. 7. The term “Relevant Period” shall mean January 1, 2018 through and including the present, unless otherwise expressed in the requests/demands below. 8. The term “communicate” or “communication” means every manner or means of disclosure, transfer or exchange of information whether orally, by document or face to face, or whether by telephone, mail, email, text message, WhatsApp message, personal direct message or otherwise. 9. “Person” means any natural person or individual (including, without limitation, any employee, agent, officer, independent, contractor, attorney, expert or consultant) or any entity (including, without limitation, any corporation, company, partnership, association, joint venture, trust, public agency, department, bureau or board). 10. “Date” shall mean the exact date, month and year, if ascertainable or, if not, the best approximation of the date (based upon relationship with other events). 2 2 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 GENERAL INSTRUCTIONS 1. Each request shall be answered separately and fully in writing, under oath, unless it is objected to, in which event the objecting party shall specifically state the grounds for the objection including, but not limited to, any privilege or other immunity upon which you are relying, and shall answer to the extent the request is not objectionable. 2. If you object to one or part of the request, but provide an answer subject to or “without waiving” your objection, state whether you are (i) providing all responsive information or documents anyway, or (ii) withholding information or documents. If you are withholding documents, please identify them, providing enough information for this party and the Court to determine whether the documents or information should be withheld. 3. If you perceive ambiguities in a question, instruction, or definition, set forth the matter deemed ambiguous and the construction used in answering. 4. Where knowledge or information in possession of a party is requested, such requests include knowledge or information of the party and, unless privileged, his or her attorneys, or which may be obtained from all available sources of information within your actual or constructive possession, custody or control. 5. If the answer to all or any part of the requests is not presently known or available, include a statement to that effect, furnish the information known or available, specify the nature and extent of your inability to answer the remainder, and respond to the requests by supplemental answer, in writing, under oath. Please also state whatever information you have concerning the unanswered portions and identify the person(s) or entity(ies) who may have additional knowledge or information regarding the subject. 6. If you withhold under a claim of privilege any information covered by this request, you shall furnish a list identifying each document, information, or communication for which privilege is claimed, together with the following information: a. the sender, receipt and any other person to whom such document or a copy thereof was furnished to or who participated in such communication, together with their employer, title, job and date; 3 3 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 b. the subject matter of the document or communication; c. the present custodian of the document; d. the nature and basis on which privilege is claimed; and e. the specific request, including particulars subsection, if applicable, to which such information responds. All documents produced should be identified as relating to the particular request or interrogatory to which they are responsive. 7. Where in answer to a request it is plain that there is or was communication or notice that substantiates or relates to said answer, state whether each such communication or notice was oral or written. If written, attach a true copy thereof to your answer. If oral, identify each such communication. 8. If you object to fully identifying an oral communication because of a privilege, you must nevertheless provide the following information: a. the nature of the privileged claim (including work product); b. the date of the oral communication; c. the place where it was made, the names of the persons present while it was made; and if not apparent, the relationship of the persons present to the declarant; and d. the general subject matter of the oral communication. 9. If you choose to withhold identification of a document from production or inspection on the grounds of privilege or other immunity from discovery, as to any such document(s) with respect to which you assert a claim of privilege from discovery, you must identify: the nature of the privilege claimed (including work product), the basis or ground of your assertion of such privilege, the document(s) with a reasonable particularity (i.e., by date, title, type and form [e.g., letter, memorandum]), the general subject matter of the document(s), the name of the preparer(s),originator(s), and/or transmitter(s) of the document(s), the name of the recipient(s) of the document, the relationship between the author and addressee, the present location, custodian and number of pages of the document(s), whether there were any attachments or appendices to such document(s), and such other information to identify the document for a subpoena duces tecum or document request. 4 4 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 10. For each request, please identify the person(s) from whom the information contained in the answer was obtained and the person(s) who swears to the truth of that information. 11. Whenever, in any answer to any request, a reference is made to one or more persons, specify by name the particular person to whom the reference is intended. 12. Where an individual request calls for an answer that involves more than one part, each part of the answer should be clearly set forth and numbered or lettered to correspond with the appropriate sub-part of that request. 13. The obligation to produce the documents requested herein is of a continuing nature. If at any time after compliance with this request you should acquire possession, custody or control of any additional document within the scope of the request, except to the extent such documents are obtained by discovery on the public record of this case you are required promptly to furnish such documents to Defendants’ attorneys. 14. Where only a portion of a document relates to or refers to the subject indicated the entire document along with all attachments, appendices and/or exhibits must nevertheless be produced. 15. These requests for production are continuing in nature, and your responses shall be updated from time to time as necessary in order to ensure that all production of records in response to the document requests set forth herein, and all answers to the requests set forth herein, are accurate, comprehensive, and complete. If, subsequent to serving an answer to any request and prior to the trial of this action, you obtain or become aware of additional information pertaining to that request, you shall serve a supplementary sworn answer setting forth such information. 16. Documents should be produced pursuant to CPLR §3122(c) - specifically that the documents demanded should be produced as they are kept in the regular course of business and that they shall be organized and labeled to correspond to the categories in this request/demand. 17. Production of any documents or tangible items produce in response hereto shall be made at the Law Offices of Jason J. Rebhun, P.C., 40 Wall Street, Suite 1607, New York, 5 5 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 New York 10005. Documents may be sent to the above-referenced address via certified mail or express courier. 18. You are to answer these requests for production within 20 days of the date of service, as specified and in accordance with CPLR §3120(2). SPECIFIC DEMANDS FOR DOCUMENTS 1. Provide copies of any and all communications between Abraham Mishaan and Defendant Abraham Sitt, including but not limited to emails, text messages, instant messages (e.g., Whatsapp messages), letters, facsimiles, or any recordings of voice conversations during the Relevant Period relating to all matters referenced in the Complaint and specifically, as to Gold Capital Fund LLC (“GCF”) and raising capital for that business. 2. Provide copies of any and all documents, communications, and information in your possession concerning or related to GCF’s incorporation, business operations and employees during the Relevant Period. 3. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶1 of the Complaint that Defendants abused their position within GCF in order to personally benefit themselves (NYSCEF doc. 1). 4. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶2 of the Complaint that Defendant Sitt “stole Plaintiff’s core proprietary and trade secret information and misappropriated corporate funds” to the detriment of GCF. 6 6 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 5. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶4 of the Complaint that Defendant’s actions were solely or primarily responsible for causing GCF to cease operations. 6. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶51 of the Complaint that Solomon Dahan “orchestrated an illegal and fraudulent scheme” on Defendants’ behalf. 7. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶58 of the Complaint that Defendant Sitt sent to Solomon Dahan and Jacob Setton “assets, income and business opportunities” belonging to GCF. 8. Provide copies of any and all documents, communications, and information in your possession concerning or related to GCF’s Chase Account, particularly in regards to Plaintiff’s access and control of said account during the Relevant Period. 9. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶35 of the Complaint that Defendant Sitt paid himself and others more in salary than they were entitled to. 10. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶43 of the Complaint that Defendants “began using the Company [GCF] as Sitt’s own personal resource to divert funds, assets, customers and employees away from the Company [GCF] and, eventually, into Simmons.” 11. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶47 of the Complaint that Defendant Sitt 7 7 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 engaged in unfair competition with GCF by using proprietary leads to “generate income for entities owned and/or controlled by Sitt personally to the exclusion of the Company [GCF] and Plymouth.” 12. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶59 of the Complaint that Simmons was obtaining and using GCF’s “good will, platforms and prior deal performance data.” 13. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶¶60-61 of the Complaint that Defendant Sitt “leveraged the trust placed in him” as CEO of GCF in order shield GCF’s finances from inquiry. 14. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegation in ¶¶53-54 of the Complaint that Defendants “secretly funded” American Eagle and Construction and Appollo HP and diverted any commissions, interest, fees, and income to themselves. 15. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s speculative figure of $1 million in damages. 16. Provide copies of any and all documents, communications, and information in your possession concerning or related to any planned attempt by Plaintiff to request that GCF’s board of directors initiate an action vindicating its rights as against the Defendants. 17. Provide copies of any and all documents, communications, and information in your possession showing Plaintiff or Abraham Mishaan involvement in funding “cash advance loans” during the Relevant Period. 8 8 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 18. Provide copies of any and all documents, communications, and information in your possession concerning Plaintiff’s providing and raising capital to fund GCF, including any unsuccessful attempts for the same. 19. Provide copies of any and all documents, communications, and information in your possession concerning Plaintiff’s business dealing and activities undertaken on behalf of GCF during the Relevant Period, including day to day activities. 20. Provide copies of any and all documents, communications, and information in your possession concerning or related to the “Proprietary Leads” referenced in ¶37 of the Complaint. 21. Provide copies of any and all documents, communications, and information in your possession concerning or related to the payment provided by GCF for the “Proprietary Leads.” 22. Provide copies of any and all documents, communications, and information in your possession concerning or related to any of the specific individual above-referenced business leads, particularly concerning any leads that Defendants allegedly misappropriated or used for their own pecuniary benefit. 23. Provide copies of any and all documents, communications, and information in your possession concerning the businesses purposes for which Plaintiff and GCF utilized the business leads. 9 9 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 24. Provide copies of any and all documents, communications, and information in your possession related to Plaintiff’s communication with GCF’s other employees, with brokers, and with syndicators – including any and all responsive emails. 25. Provide copies of any and all documents, communications, and information in your possession related to the payments received by Plaintiff or Abraham Mishaan from GCF. 26. Provide copies of any and all documents, communications, and information in your possession concerning all investments that GCF received during the Relevant Period. 27. Provide copies of any and all documents, communications, and information in your possession concerning or related to Defendant Simmons Capital LLC’s alleged actions during the Relevant Period. 28. Provide copies of any and all documents, communications, and information in your possession concerning or related to any ADP records, including those related to Plaintiff’s access to GCF’s Syndicated Loan Business Segment. 29. Provide copies of any and all documents, communications, and information in your possession that support Plaintiff’s allegations in ¶¶16-19 that “Sitt is incapable of making independent and disinterested decisions to institute and prosecute vigorously this Action against himself, Dumbo or Simmons, the companies” and that therefore “demand would be a futile and useless act.” 30. Provide copies of any and all documents, communications, and information in your possession concerning or related to payments to vendors of GCF during the Relevant Period. 10 10 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 31. Provide copies of any and all documents, communications, and information in your possession concerning or related to GCF’s payments for rent, furniture, email accounts, and the website domain name. 32. Provide copies of any and all documents, communications, and information in your possession that identify the “assets, funds, opportunities and income streams” that Plaintiff referred to in ¶84 and ¶92 of the Complaint. 33. Provide copies of any and all documents, communications, and information in your possession that support the allegation that Defendants “refused to allow Mishaan access to the Company’s books and records” as alleged in ¶62 of the Complaint. 34. Provide copies of any and all documents, communications, and information in your possession concerning or related to any witnesses with knowledge or information material and necessary to the subject matter of the action or any witnesses that Defendant otherwise intends to rely on at any trial in this action. 35. Provide copies of any and all documents, communications, and information that support Plaintiff’s first claim for accounting as alleged in ¶¶73-77 of the Complaint. 36. Provide copies of any and all documents, communications, and information that support Plaintiff’s second claim for breach of fiduciary duty as alleged in ¶¶79-81 of the Complaint. 37. Provide copies of any and all documents, communications, and information that support Plaintiff’s third claim for conversion as alleged in ¶¶83-87 of the Complaint. 11 11 of 12 FILED: NEW YORK COUNTY CLERK 11/22/2023 10:16 AM INDEX NO. 652864/2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/22/2023 38. Provide copies of any and all documents, communications, and information that support Plaintiff’s fourth claim for a constructive trust as alleged in ¶¶89-92 of the Complaint. 39. Provide copies of any and all documents, communications, and information that support Plaintiff’s fifth claim for unjust enrichment as alleged in ¶¶94-97 of the Complaint. 40. Provide copies of any and all documents, communications, and information that support Plaintiff’s sixth claim for faithless service as alleged in ¶¶99-101 of the Complaint. 41. Provide copies of any and all documents, communications, and information that support Plaintiff’s seventh claim for unfair competition – misappropriation as alleged in ¶¶103- 108 of the Complaint. Dated: November 21, 2023 New York, New York Yours truly, Jason J. Rebhun___________________ The Law Offices of Jason J. Rebhun, P.C. Attorneys for Defendants Abraham Sitt and Dumbo Capital Holdings LLC 40 Wall Street, Suite 1607 New York, NY 10005 (646) 201-9392 Jason@jasonrebhun.com 12 12 of 12